# C_2014024EN.01000201.xml

| 25.1.2014 | EN | Official Journal of the European Union | C 24/2 |
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25.1.2014

EN

Official Journal of the European Union

C 24/2

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Request for a preliminary ruling from the Bundessozialgericht (Germany) lodged on 3 October 2013 — Walter Larcher v Deutsche Rentenversicherung Bayern Süd

(Case C-523/13)

2014/C 24/02

Language of the case: German

Referring court

Referring court

Bundessozialgericht

Parties to the main proceedings

Parties to the main proceedings

Applicant: Walter Larcher

Applicant:

Defendant: Deutsche Rentenversicherung Bayern Süd

Defendant:

Questions referred

Questions referred

| 1. | Does the principle of equality laid down in Article 39(2) EC (now Article 45(2) TFEU) and Article 3(1) of Regulation (EEC) No 1408/71 (1) preclude a national provision under which it is a condition of entitlement to an old-age pension following part-time work for older employees that the part-time work for older employees was pursued under the legislation of that Member State, and not of another Member State? |
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1.

Does the principle of equality laid down in Article 39(2) EC (now Article 45(2) TFEU) and Article 3(1) of Regulation (EEC) No 1408/71 (1) preclude a national provision under which it is a condition of entitlement to an old-age pension following part-time work for older employees that the part-time work for older employees was pursued under the legislation of that Member State, and not of another Member State?

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| 2. | If so, what requirements does the principle of equal treatment in Article 39(2) EC (now Article 45(2) TFEU) and Article 3(1) of Regulation (EEC) No 1408/71 impose on the assimilation of part-time work for older employees completed under the legislation of the other Member State as a condition of entitlement to a national old-age pension:






  (a) | Is a comparative examination of the conditions for part-time work for older employees needed? |
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2.

If so, what requirements does the principle of equal treatment in Article 39(2) EC (now Article 45(2) TFEU) and Article 3(1) of Regulation (EEC) No 1408/71 impose on the assimilation of part-time work for older employees completed under the legislation of the other Member State as a condition of entitlement to a national old-age pension:

(a)

Is a comparative examination of the conditions for part-time work for older employees needed?

| (b) | If so, is it sufficient that the part-time work for older employees in both Member States is essentially the same in content, in terms of its functioning and structure? |
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(b)

If so, is it sufficient that the part-time work for older employees in both Member States is essentially the same in content, in terms of its functioning and structure?

| (c) | Or must the conditions for part-time work for older employees in both Member States be identical in content? |
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(c)

Or must the conditions for part-time work for older employees in both Member States be identical in content?

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(1)  Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ 1971 L 149, p. 2).

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